Didnt disclosed depression on pre-employment form

Ero33

Hixxxxxxxx

dori2o

An emoyer has no legal right to ask for this information, and it is at the applicants discretion as to whether they disclose the information.

An employer may however need to ensure that where the role requires the applicant is fit to do the job. i. e. if the role requires high levels of physical work it may not be possible for a person with a history of heart problems to do the role. The armed forces for example will not allow people who have a history of fits and epilepsy.

Also, the employer has a legal duty to make reasonable adjustments to people who meet the Equality Acts definition of disability.

They can only make these adjustments where they know that an employee has a disability.

Depression, where it has a significant affect on a persons day to day living, and has, or is expected to last more than 12 months, is very likely to meet the Acts definition of a disability.

Its entirely up to you whether you disclose the information, and unless it would prevent you from doing the job, i. e like the issue of the armed forces, the employer cannot dismiss you for not disclosing unless they made it clear on the form that not disclosing is a disciplinary issue, AND by dismissing you they are deemed to NOT be discriminating against a disabled person.

It would help if you could provide information of what the job entails and how advanced/what issues you face with your medical issues.

Masomnia

Mm I think they'd be taking a massive risk if they did dismiss you for not disclosing this.

Do you think it will have an impact on your ability to do the job or attend work on a regular basis?

If it's all under control and you think you would be able to attend work the same as anyone else then I'd be very tempted to just never mention it, keep my head down and get on with it tbh.

Ero33

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dori2o

Ero33 wrote: »

Well the question was if i ever suffered or have been diagnosed with a mental health illness (something like this). Im Just worried they will contact the gp as i gave them permission to see information about this in my medical records and for the gp to provide this information.
And my depression is under control and I dont expect any issues.:)

Did the form state that it was a requirement to disclose, and/or that a failure to disclose would be cause for disciplinary process?

Ero33

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Les79

Well, my immediate thought is that you've lied on the form and they could deal with you on those grounds if it all comes out. Potentially a good idea to just contact them and advise them of the mistake.

I appreciate why you didn't want to specify that you were depressed and taking meds before something concrete was in place (job offer), but in complete fairness they'll probably treat people with any such condition with MORE compassion than they would someone who is as fit as a fiddle. Not least because you could have a protected characteristic. They've got to be really careful, and not be shown to be discriminating so you generally get treated a bit more carefully.

Also, if depression makes you completely unsuitable for that line of work (such as dori2o's reference to Armed Forced and epilepsy) then you should be ruled out from the job completely as soon as possible. You shouldn't even *try* to get into the job.

Ero33

Hixxxxxxxx..

Savvy_Sue

Well yes, you could just withdraw your application, but why is that a better option than phoning HR and explaining that you wanted to give more details.

Why you thought saying 'no' on a form where you also gave permission for your GP to be contacted remains a mystery ...

Savvy_Sue

dori2o wrote: »

An emoyer has no legal right to ask for this information, and it is at the applicants discretion as to whether they disclose the information.

I thought it was OK post interview? Which presumably the OP has got through OK.

OP, you could just withdraw your application, but why is that a better option than phoning HR and explaining that you wanted to give more details? They'll either decide not to proceed with making an offer, or accept the amendment.

Why you thought saying 'no' on a form where you also gave permission for your GP to be contacted remains a mystery ...

Detroit

OP, in your initial post you say ' if I get the offer' By this, do you mean you were asked the health questions before the job offer was made? If so, I do not believe the employer acted legally as my understanding is that these questions should only be asked when you are made an offer.

Contact the equalities advisory service or disability rights alliance (sorry no link, but you can easily find with a search) to check before taking action.